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What Is “Maintenance and Cure,” and How Does It Affect Me?

When a seaman suffers injury or illness in service of their vessel, whether they are a commercial or merchant seaman, they are eligible to receive “Maintenance and Cure” which are benefits received from their employer during their recovery. Maintenance means the day-to-day living expenses such as rent, homeowner’s insurance, property taxes, and food. Maintenance ONLY includes things that are absolutely necessary to run a household—luxuries like cable TV, Internet, and telephone bills are not covered by maintenance. Maritime lawyers such as Friedman, James & Buchsbaum LLP, ensure that should you be injured or become ill during your employment on a vessel you receive the Maintenance and Cure benefits you deserve.

Cure
is made up of your reasonable and necessary medical expenses. This includes the
cost of transportation to and from your medical treatment. In the same way a Workers’
Comp policy covers land-based employees, Maintenance and Cure covers sick or
injured seaman.

Maintenance
and Cure ends when a seaman is declared fit to return to duty or has reached MMI
(maximum medical improvement). MMI basically means that doctors do not expect
further improvement and treatments aimed at improving the injury, such as
physical therapy, have been suspended. MMI does not necessarily mean that the
seaman has fully recovered from their injury or illness; they may still be in
need of medical care, however, once they have achieved a state in which they
are no longer expected to improve they have officially reached MMI. This, unfortunately,
also includes seamen that are permanently disabled. If your employer
unreasonably and intentionally refuses to pay a reasonable amount of
Maintenance and Cure you do have recourse. The law allows for punitive damages
in these cases so long as there is sufficient evidence that your employer
refused to do so.

Maintenance
and Cure apply to injuries and illnesses that occur both on and off your ship.
So long as you were acting “in the service” of your vessel you are covered by Maintenance
and Cure. Furthermore, it does not matter whether your company is at fault for
causing the injury or illness. As long as you were in service of your vessel
when the injury of illness occurred you are entitled to Maintenance and Cure.

Finally,
applying for Maintenance and Cure does not mean that you are ineligible for
compensation under the Jones act. You are fully within your rights to file a
negligence claim under the Jones Act if your employer has caused your injury or
illness and it will not have an effect on the Maintenance and Cure that your
employer must also provide.